Status hearing for Walmart shooting case set for Tuesday

EL PASO, Texas -- A status hearing for the Walmart shooting case is set for Tuesday morning.  It will be the first time embattled District Attorney Yvonne Rosales will be back in the court room since a new report was released alleging her office used intimidation tactics against one of the shooting victims families.

This status hearing was originally set for September but was postponed after the district attorney's office made an attempt to have Judge Sam Medrano recused. That motioned failed.

On top of that recusal motion, the most recent scandal, which could be a hot topic during Tuesday's hearing is the report which alleges a legal advisor with the DA's team crafted and sent emails to media posing as a shooting victim's family. 

The report, filed by a court-appointed attorney, also states that the da's office was even threatening that family. 

ABC-7 spoke with retired district judge Luis Aguilar during ABC-7 Xtra Sunday edition, who says the whole point of Tuesday's hearing is to meet with both the prosecution and defense to discuss a time table on the case. He believes Judge Medrano could advise them to be ready and go to trial.

"But the point is this, all these issues are peripheral," Aguilar said. "Thats not what this is about what the DA did, what the DA didn't do, what the judge said, that is all secondary to getting this case tried because this county is entitled to know if this (person) is guilty or not guilty, not all these side issues."

The hearing is set for 9 a.m.